Terms and Conditions
Last updated: April 1, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the imgvue mobile application (the "Service") operated by IMGVUE LTD ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that IMGVUE LTD is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that IMGVUE LTD cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Points by imgvue ("Points") are not redeemable for cash and have no cash or monetary value.
Points are purely promotional in nature, are only for use on the Service, and do not constitute a property right or interest.
Points may be redeemed immediately or accrued over time, up to a maximum of 12 months.
Points will expire on a rolling monthly basis if not redeemed within 12 months of being awarded, and IMGVUE LTD has no obligation to notify you of any such expiration.
IMGVUE LTD may discontinue the Points program, raise and lower the value of the Points, add and remove ways to earn or use Points, or revise the Points program terms and conditions at any time. All Points terminate upon any termination of your account. Please see the official Points Rules for additional terms applicable to acquiring and using Points.
Points may only be redeemed on the Service or as otherwise specifically directed by IMGVUE LTD, subject to available inventory, and in accordance with the specific Points–redemption offer.
Points Program Rules
Points will be awarded for certain purchases, participation in site activities, charitable donations, and as otherwise determined by IMGVUE LTD.
IMGVUE LTD may, without prior notice and in its sole discretion, alter, limit, or modify program rules, regulations, Points earning structure, Points redemption levels, or any other feature of the Points promotional program at any time.
Users may only earn Points via one account. The creation of multiple accounts by or for one individual, the transfer or sale of any such accounts, and the use of Points earned by or awarded to such accounts is prohibited.
IMGVUE LTD reserves the right to void the account and/or redemption privileges of any person(s) who have wrongfully earned Points (whether by circumvention, transfer, purchase, deception, forgery, fraud, or otherwise), or have breached these Points Program Rules, Content Policy or the Service Terms of Conditions.
Only the individual user who makes the purchase or engages in the Points-generating activity may earn and use Points. Points are transferable from one IMGVUE LTD account to another.
Points may not be reproduced, are not redeemable for cash, and are good for one-time use only. Points will be deducted from the users's account at the time of redemption or transfer.
Credits for merchandise returns and other financial adjustments made by IMGVUE LTD will be deducted from or added to the Points balance as applicable and as determined by IMGVUE LTD in its sole and reasonable discretion.
Users are solely responsible for determination of any tax or other fees, service charges or liability arising out of earning or redeeming Points.
Users are subject to and shall comply with any additional terms, conditions and restrictions that apply to specific redemptions.
IMGVUE LTD has absolute discretion with respect to how Points are earned and how Points are used.
IMGVUE LTD may zero out and/or reduce your Points if IMGVUE LTD becomes aware of any alleged or confirmed violation of the Terms of Conditions, our Content Policy, the Points Program Rules, or any applicable law or regulation, and the final determination with respect to such Points in connection with such alleged or confirmed violation shall be in IMGVUE LTD sole and reasonable discretion.
Violations of these Points Program Rules, and/or our Content Policy, may result in loss of account, permanent or temporary block of access and/or account to the Service, loss of or reduction of Points, or as otherwise reasonably determined by IMGVUE LTD in its sole discretion.
IMGVUE LTD SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) TO A USER OR ANY THIRD PARTY, INCLUDING FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH A USER'S REDEMPTION OF POINTS FOR MERCHANDISE, EXPERIENCES OR OTHERWISE.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section "Availability, Errors and Inaccuracies" is without prejudice to existing statutory rights.
Contests, Sweepstakes and Promotions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or IMGVUE LTD cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting IMGVUE LTD customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide IMGVUE LTD with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize IMGVUE LTD to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, IMGVUE LTD will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
IMGVUE LTD may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by IMGVUE LTD until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, IMGVUE LTD reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
IMGVUE LTD, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
IMGVUE LTD will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of email@example.com and include in your notice a detailed description of the alleged Infringement.
In cases where there are conflicting claims to the ownership of Copyright, it is our policy to air on the side of removing materials from our Service.
Complaints under the Copyrights, Designs and Patents Act 1988, and European Commerce Directive 2000
If you wish to make a complaint/request that certain material be taken down, please send a request in writing to our Notice and Takedown Officer.
We, IMGVUE LTD, are committed to ensuring that the material displayed on our Service is lawful and in accordance with our UK and EU Copyright Law. To help us deal with your complaint as quickly as possible, please include the following information in your correspondence and mark it as "URGENT":
Your contact details - including your name, email address and daytime telephone number.
Identify the material in question - please include sufficient detail to enable us to identify the material complained of.
The reasons for your objection.
We will review each objection on its merits and pending our inquiries, may remove or disable access to the relevant material from our Service.
Where appropriate, you should include information relating to the status of the material in question (i.e. Where you hold a Trademark, or own the Copyright to an image). This will enable us to deal with your request promptly.
You can contact our Notice and Takedown Officer via email at firstname.lastname@example.org
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of IMGVUE LTD and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of IMGVUE LTD.
When you upload content, you give to IMGVUE LTD a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and IMGVUE LTD business.
When you submit comments, feedback or ideas about the Service (“Idea”), you agree that your disclosure to IMGVUE LTD is unsolicited, gratuitous and without restriction and will not place IMGVUE LTD under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, IMGVUE LTD does not waive any rights to use similar or related ideas previously known to IMGVUE LTD, or developed by its employees, or obtained from sources other than you.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by IMGVUE LTD.
IMGVUE LTD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that IMGVUE LTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless IMGVUE LTD and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall IMGVUE LTD, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
IMGVUE LTD its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will IMGVUE LTD ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by IMGVUE LTD or any person for whom IMGVUE LTD is responsible, and even if IMGVUE LTD has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
If you have any questions about these Terms, please contact us.